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HomeMy WebLinkAbout08-11-2014 Council Meeting MinutesCOUNCIL MINUTES August 11, 2014 APPROVED 1 CITY OF LINO LAKES ( 2 MINUTES 3 4 DATE : August 11, 2014 5 TIME STARTED : 6:30 p.m. 6 TIME ENDED : 9:10 p.m. 7 MEMBERS PRESENT : Council Member Stoesz, Kusterman, Rafferty, 8 Roeser, and Mayor Reinert 9 MEMBERS ABSENT : none 10 11 Staff members present: City Administrator Jeff Karlson; Community Development Director Michael 12 Grochala; City Planner Katie Larsen; City Engineer Diane Hankee; City Attorney Joseph Langel; 13 Finance Director Al Rolek; Police Captain Kelly McCarthy; and City Clerk Julie Bartell 14 15 PUBLIC COMMENT 16 17 Michael Manthey, 819 Lois Lane, noted that he received a communication from the city offering 18 information about the new city fire department, including an estimate of start-up costs. He'd like 19 more infoiniation on those costs. Mayor Reinert responded that, with the infaunation available at this 20 time, he believes start-up costs will mostly occur in 2015 and he anticipates those costs in the area of 21 $400,000. There will also be costs associated with a new station but those will be bonded. Mr. 22 Manthey discussed possible costs and timing of the new fire station with the Mayor. Council Member Roeser pointed out that consideration should also be given to the operational efficiencies that )24 will occur with the new public safety department model as well as the additional services that will be 25 needed as development increases. 26 27 Mike Schweigert, 23 Park Drive, Circle Pines, commented on the fire department. He asked if police 28 and city personnel have been consulted on the council's plan to call upon them for firefighter duties. 29 He expressed concern about firefighter recruiting efforts and the experience level of those recruited. 30 31 Pete Johnson, 6991 Meadow Circle, noted the petition for an ordinance regarding withdrawal from 32 the Centennial Fire District that will be considered by the council this evening (Item 3B). He 33 understands the council will consider a recommendation by the city attorney to reject that petition. 34 He noted that the petition contains many signatures and shouldn't be ignored. He questions that the 35 decision involved is administrative when it involves fire services that impact people's lives. 36 37 Jen Wenzel, 45 Lilac Street, read a statement to the council. She is not a firefighter but a concerned 38 resident. As she has learned more about the fire department change, she is convinced it is not a good 39 idea. She is disappointed in the behavior of the council and the manner of answering questions as 40 well. While the discussion has mainly been between the firefighters and the city council she believes 41 there are many citizens also who would like input. 42 43 SETTING THE AGENDA 44 45 The agenda was approved as presented. 1 COUNCIL MINUTES August 11, 2014 APPROVED 46 ( 47 CONSENT AGENDA 48 49 Council Member Roeser moved to approve the Consent Agenda, Items lA through 1F as presented. 50 Council Member Kusterman seconded the motion. Motion carried unanimously. 51 52 ITEM ACTION 53 54 Consideration of Expenditures: 55 56 August 11, 2014, $408,891.29 Approved 57 58 Centennial Fire District (Check No. 6507-6516, 59 & 2014008, $16,125.10) Approved 60 61 July 28, 2014 Council Work Session Minutes Approved 62 63 July 28, 2014 City Council Meeting Minutes Approved 64 65 July 28, 2014 Closed Council Minutes Approved 66 67 Resolution No. 14-90, Issuance of a Special Event ( ,68 Permit and 1-4 Day Temporary On-Sale Liquor License 69 For the American Legion Post 566 Blue Heron Days event Approved 70 71 Approval of Tobacco License for Lake 1 Stop Approved 72 73 FINANCE DEPARTMENT REPORT 74 75 There was no report from the Finance Department. 76 77 ADMINISTRATION DEPARTMENT REPORT 78 79 3A) Resolution No. 14-77, Declining Submission of Proposed Charter Amendment for Election- 80 City Attorney Langel reviewed his written report. He noted that the Charter Commission proposed. an 81 amendment to the City Charter that would provide for the establishment of four wards in the city. 82 The amendment seeks to draw boundaries for districting and redistricting when necessary and to 83 provide funds for the efforts. His review of the proposed amendment discovered issues on who can 84 draw boundaries (the city council is authorized by statute), the timeline for the process, and funding. 85 Because of those issues, it is his recommendation that the amendment not be forwarded to the ballot. 86 87 Council Member Rafferty moved to approve Resolution No. 14-77 as presented. Council Member 88 Stoesz seconded the motion. 89 ) 2 COUNCIL MINUTES August 11, 2014 APPROVED 90 Mike Trehus, 6675 Shadow Court, addressed the council. He suggested that the provisions noted by 91 the city attorney are faulty since both Minneapolis and St. Paul have the same process and provide 92 funds for it. Blaine also has the same language. He noted that the city attorney is not a court of law 93 and is not infallible. The amendment presented by the Charter Commission could go forward to the 94 ballot even if the attorney is correct. He is concerned that the council did not inform the Charter 95 Commission of the issues discovered by the city attorney when there was still time to discuss them. 96 The council could have corrected the amendment, sent it back to the Charter Commission and still 97 had time to get it on the ballot. He believes the public deserves the right to decide this question. 98 99 City Attorney Langel noted that it never a good idea to cut and paste from other charters — they are not 100 always up to date. The council could only review what was submitted to them and that was not 101 within statute. The amendment as written should not go forward. 102 103 After the council discussed recent attempts to propose an amendment to the City Charter regarding 104 road reconstruction, John Freimuth, 7381 John Avenue, addressed the council. He suggested that the 105 problem with getting the roads improved relates to people's concern about utilities and other 106 improvements. His road was recently improved by the city and at no cost to him. Community 107 Development Director Grochala explained that Mr. Freimuth's road was apart of the city's overlay 108 program. 109 110 Motion carried on a unanimous voice vote. 111 112 3B) Resolution No. 14 -88, Declining Submission of Petition for Inclusion on the Ballot — City )13 Attorney Langel first explained that the Centennial Fire District (CFD) is based on a contract (joint 114 powers agreement) between three cities. Included in that contract is a provision that allows for 115 entities to withdraw. In January of 2014 the Lino Lakes City Council approved a resolution 116 authorizing the city's withdrawl from the CFD. In July a petition was submitted to the city calling for 117 an ordinance to be put on the ballot under the provisions of the City Charter initiative /referendum 118 language. The petition essentially defers the decision of withdrawing from the CFD to the voters. 119 Mr. Langel then explained the types of decisions made by city councils — legislative, administrative 120 and quasi-judicial. The Charter provision for initiative is limited to legislative decisions. 121 Administrative and quasi-judicial decisions are left to city councild and are not subject to voter 122 review. The decision to withdraw from the CFD was an administrative action and that's all that is 123 required for that action. The request of the petition is therefore not consistent with state law. 124 125 Council Member Rafferty moved to approve Resolution No. 14 -88 as presented. Council Member 126 Stoesz seconded the motion. 127 128 Brad Robinson, 597 Marshan Lane, asked the council when they will be passing an ordinance to start 129 the city fire department, as is required? 130 131 Jessica Long, 997 Kelly St, asked the council about fire services and the type of training that 132 emergency personnel will have in a new fire department. The council should understand the 133 difference between an EMT and EMR. She fears that a new department will have lesser trained )34 personnel and that will lessen services. The mayor responded that the city will make an expert 3 COUNCIL MINUTES August 11, 2014 APPROVED 135 decision and leave nothing to chance in providing emergency services. Ms. Long added that she's ( 36 concerned about the number of firefighters the city will be able to hire, their experience level and how 137 that will impact the standard of services. The mayor responded that Police Chief Swenson is 138 handling the hiring, it will be handled correctly and he doesn't approve of scaring the public with 139 misinformation. 140 141 Lloyd Hanson, 588 Laurel, told the council that he had a heart attack five years ago. The CFD was at 142 his home in seven minutes and because of their exceptional service, above the national average, he is 143 alive. He doesn't understand why the council is making a change. 144 145 Angie Robinsin, 597 Marshan Lane, stated that she understands the legal opinion that is being 146 presented but she would argue that this isn't an administrative matter to the people. She believes the 147 residents want a voice in the decision. Council Member Roeser explained that the matter is in the 148 process of moving forward and he believes the voice of the people will be very helpful as the process 149 moves along; he believes the services to the citizens will be better if they are given the chance to 150 work. 151 152 Jesse Fronek, 904 Kelly Street, said he has been a firefighter with CFD for just one year so he's really 153 still trying to understand his role in fire services, city government, and as a citizen. He doesn't see 154 CFD is broken although the relationship between the governing bodies may be broken. His whole 155 concern about the situation now relates to experience level. He knows that with one year of 156 experience, he is not capable of leading a team in an emergency. He wonders why the city would 1\57 build a station right by one that is in the CFD now. 258 159 Glen Olson, 6465 Hokah Drive, remarked that in 1996, the citizens voted on the matter of trash 160 collection; he'd like to see a vote on this matter. 161 162 Gayle P., 6995 Brian Drive, Centerville, stated that he's been in fire service for some time. He 163 doesn't see this decision adding up. 164 165 Jen Wenzel, 45 Lilac Street, asked the council if they have the right to put this before the voters even 166 if they don't have to? She suggests, if the council is so convinced that people agree with the 167 decision, why is it a problem to put it on the ballot? 168 169 Stephen Ruff, 4370 170th, Blaine, noted the Springsted report on the process of starting a fire 170 department. He suggested that the expert who wrote that report questioned the council's decision 171 himself. Mr. Ruff asked the council to reconsider the decision to withdraw. 172 173 Pete Johnson, 6991 Meadow Circle, also noted the Springsted report and cost assumptions and the 174 cost of the report itself. Mayor Reinert noted that the council wanted to get the best inforniation 175 possible as they made decisions and the report was part of that. 176 177 The mayor explained that the city will be working hard on all the necessary details — hiring included. 178 He promises that the standards will be there in that process. There is some patience needed as all the 4 COUNCIL MINUTES August 11, 2014 APPROVED 179 infouuiation is developed. Council Member Roeser again urged people to join in the process and be X80 proactive. 181 182 Tonya Rolfson, 154 Egret Lane, stated that she sees that the council made a decision but put the cart 183 before the horse. The council should have looked at the questions first. She suggests that people 184 wanted to give input before the decision was made, not after. She's concerned that there is a better 185 way to go about this. 186 187 Terri Klenzendorf , 497 Forsham Lake Dr, said it is clear that the council has rationale to move 188 forward with this decision but also clear that people are not understanding that; more information to 189 the citizens is needed. 190 191 Cezar Panait, 6577 Souix Lane, noted concern about costs. He is already paying more than his friends 192 in the City of Woodbury. He thinks working together, such as with a fire district of three cities, saves 193 money, and he fears the new department will not be cheaper. 194 195 Bryan Olson, 511 Hawthorn Road, thanked the council members for service to the city. He noted his 196 concerns. The Springsted report gave six options. He sees the council has already chosen an option 197 but doesn't know how to reach the solution. If there are bonds, for example, how will those be repaid 198 and what will that cost? People are also hearing that their insurance premiums could go up. He is an 199 aware citizen who is reading information available and trying to understand the decisions. He is 200 offended with implications that motives are political. He isn't getting the "warm and fuzzy" that the 201 council is suggesting and he'd like to see all the numbers. Also he doesn't like the cross training idea 02 — the Lino Lakes Police Department is the best as they are and he doesn't expect them to fight fires. 203 204 Mike Schweigert, 23 Park Drive, noted the Springsted report and the option that the council chose. It 205 is the only option that had failures — some cities who chose the public safety department model chose 206 to go back to traditional. 207 208 The mayor closed the comment period. 209 210 The motion to approve the resolution was adopted on a unanimous voice vote. 211 212 3C) Charter Commission Request for Additional Funding — Administrator Karlson reviewed his 213 written report. The Commission has been authorized additional funds in the amount of $600 for legal 214 assistance in their review of charter amendments forwarded by the council. Those funds have been 215 expended and they are requesting an additional $3,400 for contining their research; they have held a 216 number of special meetings recently. The council discussed the matter at the last work session and 217 agreed to approve an additional $725. 218 219 Council Member Rafferty remarked he is not in agreement that the council concurred to fund an 220 additional $725; he noted that one council member wasn't present at that meeting. He has some 221 concern about how the funds will be expended; that being said, he has seen the commission has been 222 making real efforts. 23 5 COUNCIL MINUTES August 11, 2014 APPROVED 224 Council Member Kustennan remarked that he suggested the $725 as a good will gesture; he believes 25 the council needs to work with the Charter Commission and he's interested in their work. He doesn't 226 see the advantage to holding up their work by denying them reasonable attorney advice. He was at a 227 recent meeting and could see that the group needs this legal advice to move forward on matters. 228 229 Council Member Stoesz asked if there is a sense of urgency in approving the funding; he'd like the 230 matter tabled. 231 232 Mayor Reinert said he supports the $725. He'd also like for the council and Charter Commission to 233 reschedule a joint meeting. 234 235 Council Member Kustemian moved to approve the additional funding for the Charter Commission. 236 237 Mike Trehus, 6675 Shadow Court, noted the Charter Commission's budget for years 1995 through 238 2007. There were increases to the budget given without strings. He believes the council is 239 micromanaging the commission. It is history that this group has regularly received discretionary 240 funds. It's the money they need to do their work. He reminded the council that there is an intended 241 separation of powers between the council and commission. 242 243 Terry O'Donnell, 1000 Main Street, spoke about the importance of the council meeting with the 244 Charter Commission as was intended. 245 746 The motion to approve the funding was adopted on a unanimous voice vote. 247 248 PUBLIC SAFETY DEPARTMENT REPORT 249 250 There was no report from the Public Safety Department. 251 252 PUBLIC SERVICES DEPARTMENT REPORT 253 254 There was no report from the Public Services Department. 255 256 COMMUNITY DEVELOPMENT DEPARTMENT REPORT 257 258 6A) NorthPointe: i. Resolution No. 14 -82, Approving a Petition and Waiver Agreement from 259 Tony Emmerich Construction, Inc.; ii. Resolution No. 14 -85, Approving the Deposit Agreement 260 for Roadway and Utility Improvements; iii. Resolution No. 14 -83, Authorizing the Preparation 261 of Plans and Specifications for Roadway and Utility Improvements; iv. Resolution No. 14 -87, 262 Maintenance Agreement for Stormwater Management Facilities Between Rice Creek 263 Watershed District and the City of Lino Lakes — City Engineer Hankee reviewed the written 264 report, explaining each agreement, the schedule for the project and costs involved. 265 266 Council Member Kusterman moved to approve Resolution No. 14 -82, Resolution No. 14 -85, 267 Resolution No. 14 -83 and Resolution No. 14 -87 as presented. Council Member Roeser seconded the 68 moton. Motion carried on a unanimous voice vote. 6 COUNCIL MINUTES August 11, 2014 APPROVED 269 ■70 6B) Second Reading of Ordinance No. 06-14, Rezoning Property at 7880 Sunset Avenue from 271 Rural to Planning Unit Development for Century Farm North — City Planner Larsen reviewed the 272 proposed ordinance. The developer of the Century Farm North project wishes to add a parcel to the 273 project; the parcel requires rezoning in order to be included. Staff is recommending approval. 274 275 Council Member Rafferty moved to waive the full reading of Ordinance No. 06-14. Council Member 276 Stoesz seconded the motion. Motion carried on a unanimous voice vote. 277 278 Council Member Rafferty moved to approve the 2nd Reading and adoption of Ordinance No. 06-14 as 279 presented. Council Member Stoesz seconded the motion. Motion carried; Yeas, 5; Nays none. 280 281 6C) Resolution No. 14-89, Calling for a Special Election, Shenandoah Area Improvements (5- 282 Year Street Reconstruction Plan 2015 — 2019) — Community Development Director Grochala 283 reviewed his written report. The city council approved a Street Reconstruction Plan as allowed under 284 state statute. Under that same provision of state law, a petition has been submitted requesting that 285 the Plan go to the ballot this fall. Options for the council are to place the question on the ballot or to 286 not proceed with the Plan. He noted that improvements included in the Plan are for road work only. 287 He reviewed the process that would occur if the Plan is approved to go forward by the voters. 288 289 Mayor Reinert noted that the council also forwarded two possible charter amendments to the Charter 290 Commission review process. The Charter Commission did not recommend either of those and 1?1 suggested no alternative. At this time staff is recommending that neither of those amendments be 92 forwarded to the ballot. 293 294 Council Member Kusternian moved to approve Resolution No. 14-89 as presented. Council Member 295 Roeser seconded the motion. 296 297 Mike Trehus, 6675 Shadow Court, noted that he's heard many times that there has only been one 298 street project approved in many years. There's been one street reconstruction approved in 32 years 299 but there's only been one proposed in those years. He reviewed the history of road reconstruction 300 projects proposed in that time period. The street reconstruction plan is an attempt to bypass the City 301 Charter by not utilizing special assessments. The voting record of the public should be respected; 302 there are reasons projects have or have not proceeded. He's concerned about the lack of a feasibilty 303 study for the projects included in this Plan; neither the costs nor the neighborhood opinion is clear. 304 Community Development Director Grochala pointed out that the Resolution before the council states 305 a not to exceed bonding amount. The Plan itself includes infolination on bonding and it is only 306 planned for the first project at this point. The streets are evaluated on an annual basis, there are past 307 feasibility projects in place for some areas, and some of that infoiniation has been useful in 308 developing the Plan and cost estimates. 309 310 The motion was adopted on a unanimous voice vote. 311 312 7 314 15 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 136 J37 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 35 357 358 COUNCIL MINUTES August 11, 2014 APPROVED UNFINISHED BUSINESS There was no Unfinished Business. NEW BUSINESS There was no New Business. COMMUNITY EVENTS PRIMARY ELECTIONS are Tuesday, August 12 from 7:00 a.m. to 9:00 p.m. YMCA FARMER'S MARKET will be held at Legacy and Woods Edge (across from Chain of Lakes YMCA) Thursday, August 14 from 3:00 p.m. to 7:00 p.m. SAFETY CAMP Will be held at Centennial Middle School 7:00 a.m. to 5:00 p.m on Thursday, August 14 from 5:00 p.m.to 9:00 p.m. Please contact the Lino Lakes Parks and Recreation Department at 651 - 982 -2440 for more information MONTHLY RECYCLE DAY will be CANCELLED for Saturday, August 16 due to the Blue Heron Days Parade and events. Monthly recycle day will resume in September on the third Saturday of the month. BLUE HERON DAYS will be held August 16 —18. Please view the Blue Heron Days website at blueherondays.org for the schedule of events. COMMUNITY CALENDAR Monday, August 13 Monday, August 25 -- Monday, August 25 Community Calendar — A Look Ahead August 11, 2014 through August 25, 2014 5:30 pm, Community Room Planning & Zoning 5:30 pm, Community Room Council Work Session 6:30 pm, Council Chambers City Council Meeting ADJOURN There being no further business, Council Member Kusterman moved to adjourn at 9:10 p.m. Council Member Roeser seconded the motion. Motion carried. These minutes were considered and approved at the regular Council Meeting •n- August 25, 2014. e Bartell, City ' lerk 8 Jeff Mayor